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HomeMy WebLinkAbout1715 - AMEND UP_849 NEWPORT CENTER DRIVERESOLUTION NO. 1715 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH AMENDING USE PERMIT NO. 2004 -007 FOR PROPERTY LOCATED AT 849 NEWPORT CENTER DRIVE (PA2006- 269) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Fancher Development Services on behalf of Yard House with respect to property located at 849 Newport Center Drive, and legally described as Lot 18 of Tract No. 6015, requesting an amendment of a Use Permit allowing the Yard House restaurant to extend their hours of operation to 2:00 a.m. seven days a week. WHEREAS, a public hearing was held on February, 22, 2007, in the City Hall Council Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the site is designated Regional Commercial by the General Plan Land Use Element and zoned PC District 35 (Fashion Island Planned Community) wherein restaurant uses are permitted. WHEREAS, the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the Planned Community District for the following reasons: • The proposed business hours will allow the restaurant to provide a full - service menu and alcoholic beverage until 2:00 a.m. The applicant indicates that the requested hours for dinner and bar service will help the business stay financially viable and satisfy the patrons' desire for a late night dinner and drink. • The bar and restaurant meet the intent of Fashion Island Planned Community by providing a food and drink service in the commercial center that include such amenities. WHEREAS, the proposed location of the restaurant and the proposed conditions under which it would be operated and maintained will be consistent with the General Plan and the purpose of the Planned Community District; will not be detrimental to the public health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent to the neighborhood; and will not be detrimental to the properties or improvements in the vicinity or to the general welfare of the city for the following reasons: City of Newport Beach Planning Commission Resolution No. _ Paqe 2 of 6 • The proposed extension of the restaurant's hours to 2:00 a.m. every night will not significantly change the operational characteristics of a restaurant and will continue to be consistent with the General Plan and Planned Community. • The principal uses of the bar and restaurant will not be a detriment to the site or the community as determined by the Police Department review of the application, and has no objection to the operation at extended hours. The Police Department Memorandum including the crime rates, number of alcohol licenses in the area and alcohol related crimes can be found in Exhibit 6. • All residential developments or playgrounds /parks within the area are separated from the shopping center by the Newport Center Drive loop and other commercial and office uses surrounding the Fashion Island Planned Community. WHEREAS, the proposed restaurant will comply with the provisions of the Zoning Code and the conditions required by Fashion Island Planned Community for the following reasons: • Extending the operational hours to provide an eating and drinking establishment to serve until 2:00 a.m. will not significantly change the existing use of the bar and restaurant. • The Yard House will house will comply with the conditions as previously approved under Use Permit No. 2004 -045. WHEREAS, the project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). NOW, THEREFORE, BE IT RESOLVED: Section 1. The Planning Commission of the City of Newport Beach hereby approves an amendment of Use Permit No. 2004 -007, subject to the Conditions set forth in Exhibit "A." Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. City of Newport Beach Planning Commission Resolution No. _ Paqe 3 of 6 PASSED, APPROVED AND ADOPTED THIS 22nd DAY OF February 2007. AYES: Eaton, Peotter, Hawkins, Cole McDaniel, Toerge and Hillgren NOES: None City of Newport Beach Planning Commission Resolution No. _ Paqe 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2004 -007 PROJECT SPECIFIC CONDITIONS 1. The development shall be in substantial conformance with the approved floor plan dated February 22, 2006. 2. Use Permit No. 2004 -007 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. Hours of operation shall be from 11:00 a.m. to 2:00 a.m. every day. STANDARD CONDITIONS 4. All owners, managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The certified program must meet the standards of the California Coordinating Council on Responsible Beverage Service or other certifying /licensing body, which the State may designate. The establishment shall comply with the requirements of this section within 180 days of the issuance of the certificate of occupancy. Records of each owner's, manager's and employee's successful completion of the required certified training program shall be maintained on the premises and shall be presented upon request by a representative of the City of Newport Beach within sixty (60) days upon hiring. 5. No live entertainment shall be permitted in conjunction with the restaurant unless a live entertainment permit is first obtained. Background music provided through the restaurant's internal system or by is permitted. No audible paging system shall be allowed outside the building. 6. There shall be no dancing allowed on the premises without the issuance of a Cafe Dance Permit. 7. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by either the current business owner, property owner or the leasing agent. 8. The Planning Commission may add to or modify conditions of approval to this use permit or recommend to the City Council the revocation of this use permit upon a determination that the operation which is the subject of this use permit causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. City of Newport Beach Planning Commission Resolution No. _ Paoe 5 of 6 9. This use permit shall be terminated if the operation is no longer maintained as a "bona fide public eating place" as defined by the California Department of Alcoholic Beverage Control. 10. Full menu food service shall be available for ordering at all times that the restaurant establishment is open for business. 11. A grease interceptor of adequate size is required in association with food preparation activities. 12. The alcoholic beverage outlet operator shall take reasonable steps to discourage and correct objectionable conditions that constitute a nuisance in parking areas, sidewalks and areas surrounding the alcoholic beverage outlet and adjacent properties during business hours, if directly related to the patrons of the subject alcoholic beverage outlet. If the operator fails to discourage or correct nuisances, the Planning Commission may review, modify or revoke this use permit in accordance with Chapter 20.96 of the Zoning Code. 13. The type of alcoholic beverage license issued by the California Board of Alcoholic Beverage Control shall be a Type 47 for full alcohol service for on -site consumption only, and only in conjunction with the service of food as the principal use of the facility. The sale of alcoholic beverages is prohibited for off - site consumption. Any upgrade in the alcoholic beverage license shall be subject to the approval of an amendment to this application and may require the approval of the Planning Commission. 14. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use will be cause for revocation of this permit. 15. A Special Events Permit is required for any event or promotional activity outside the normal operational characteristics of this restaurant business that would attract large crowds, involve the sale of alcoholic beverages, include any form of on -site media broadcast, or any other activities as specified in the Newport Beach Municipal Code to require such permits. 16. Any event or activity staged by an outside promoter or entity, where the restaurant owner or his employees or representatives share in any profits, or pay any percentage or commission to a promoter or any other person based upon money collected as a door charge, cover charge or any other form of admission charge, including minimum drink orders or sale of drinks is prohibited. 17. The operator of the restaurant facility shall be responsible for the control of noise generated by the subject facility. The noise generated by the proposed use shall comply with the provisions of the Newport Beach Municipal Code. 18. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. City of Newport Beach Planning Commission Resolution No. _ Page 6 of 6 19. No "happy hour" type of reduced price alcoholic beverage promotion shall be allowed except when served in conjunction with food ordered from the full service menu. 20. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall maintain records that reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 21. Sales, delivery and consumption of alcoholic beverages will be restricted to and within the confines of the building portion of the premises and sales or delivery of alcoholic beverages through any pass -out window is prohibited.